Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05269
Branch v City of New York
Read the official decision: 2026 NY Slip Op 05269
Holding The court affirmed summary judgment dismissing the complaint against the abutting property owners because they had no duty to maintain the city-owned tree well. The defendants successfully demonstrated they did not create the dangerous condition, negligently repair the area, or cause the condition through special use.
The court’s words
section 7-210 does not impose civil liability on property owners for injuries that occur in city-owned tree wells
2026 NY Slip Op 05269, at the official text
liability may be imposed on the abutting landowner in such instances only where she or he has affirmatively created the dangerous condition
2026 NY Slip Op 05269, at the official text
defendants demonstrated, prima facie, that the plaintiff fell due to a condition in a tree well that they had no duty to maintain
2026 NY Slip Op 05269, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05269 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05269 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 458 |
Recommended citation
ESQ HQ, New York Law Watch, Branch v City of New York, 2026 NY Slip Op 05269 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05269/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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